M/s. Asian Marbles & Granites, Udaipur V. DCIT, Central Circle-2, Udaipur

ITA 166/JODH/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4751 (ITAT-JODHPUR)
• Duration Of Justice: 2 year(s) 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-09-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 07-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MONISHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI N.K.SAINI, VICE PRESIDENT AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER ITA NO.166/JODH/2019 ASSESSMENT YEAR : 2015-16 M/S ASIAN MARBLES & GRANITES, NH-8. NEAR DIAMOND PUMP, SUKHER UDAIPUR VS. THE DCIT, CENTRAL CIRCLE-2, UDAIPUR PAN NO: AAFFA4802P APPELLANT RESPONDENT ASSESSEE BY : NONE (WRITTEN SUBMISSIONS ) REVENUE BY : SMT. MONISHA, JCIT DR DATE OF HEARING : 29.09.2021 DATE OF PRONOUNCEMENT : 29.09.2021 /ORDER THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DT. 26.02.2019 OF LD. CIT(A)-2, UDAIPUR. 2. DURING THE COURSE OF HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE BUT A WITHDRAWAL APPLICATION DT. 28.9.2021 HAS BEEN MOVED BY THE LD. COUNSEL FOR THE ASSESSEE WHICH READS AS UNDER: DATED : 28.09.2021 TO, THE HONBLE MEMBERS INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH JODHPUR REG: M/S ASIAN MARBLES & GRANITE V/S DC1T, CIRCLE-2 UDAIPUR, 1TA NO. 166/JODH/2019 SUB: APPLICATION FOR WITHDRAWALS OF APPEAL REFERENCE NO. 166/JODH/2019 FOR A.Y. 2015-16 (FIXED ON 29.09.2021) HONBLE SIRS, 2 WITH DUE RESPECT WE HEREBY APPLIED FOR WITHDRAWAL OF APPEAL FILED BY THE ASSESSEE FOR THE A.Y. 2015-16 HAVING APPEAL REFERENCE NO. 166/JODH/2019 FILED ON BEHALF OF THE ASSESSEE. WE HAVE FILED FORM NO.1 AND 2 UNDER RULE -3 OF DTVSV BEFORE THE PR. CIT-UDAIPUR. THEREFORE YOU ARE REQUESTED TO ACKNOWLEDGE THE RECEIPTS OF THESE APPLICATIONS AND ISSUE APPEAL WITHDRAWALS NOS. AS THE SAME ARE REQUIRED TO BE MENTIONED IN FORM NO.4 AS PROOF OF WITHDRAWALS OF APPEAL AS PER DTVSV RULES. COPY OF CERTIFICATES IN FORM NO.3 BEARING NO. 105919080050121 DT. 05.01.2021 ISSUED BY THE PR. CIT-UDAIPUR IS ENCLOSED HEREWITH FOR YOUR READY REFERENCE AND OBLIGE. PLEASE DO NEEDFUL IN THE MATTER AND OBLIGE. THANKING YOU, YOURS FAITHFULLY, SD/- (SHRAWAN KUMAR GUPTA, AIR) ADVOCATE 3. IN THE PRESENT CASE, IT IS NOTICED THAT THE ASSESSEE HAS AVAILED THE IMMUNITY SCHEME I.E; VIVAD SE VISHWAS AND THE INCOME TAX DEPARTMENT HAS SINCE ISSUED FORM 3 BEARING CERTIFICATE NO. 105919080050121, IN RESPONSE TO THE APPLICATION FILED BY THE ASSESSEE, UNDER SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020, THEREFORE THE APPEAL OF THE ASSESSEE IS TO BE DISMISSED AS WITHDRAWN. 4. THE LD. DR DID NOT OBJECT IF APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN VIEW OF THE ABOVE THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 29.09.2021) SD/- SD/- (SANDEEP GOSAIN) (N.K. SAINI) JUDICIAL MEMBER VICE PRESIDENT DATED . 29.09.2021 . . / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. / CIT 4. ( )/ THE CIT(A) 5. , , / DR, ITAT, JODHPUR 6. / GUARD FILE 3 / BY ORDER / ASSISTANT REGISTRAR